Bobier v. Unknown
Filing
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ORDER to SHOW CAUSE Why Case Should Not Be Dismissed For Faliure to Comply With Court Order, signed by Magistrate Judge Michael J. Seng on 12/12/2013. Show Cause Response Due Within Fourteen Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JON C. BOBIER,
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Plaintiff,
v.
CASE No. 1:13-cv-00845-AWI-MJS
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH COURT
ORDER
UNKNOWN,
(ECF No. 15)
Defendant.
FOURTEEN (14) DAY DEADLINE
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Plaintiff Jon C. Bobier, a state prisoner proceeding pro se and in forma pauperis,
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filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 3, 2012. (ECF No.
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1.) Plaintiff has consented to Magistrate Judge jurisdiction. (ECF No. 13.)
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On October 29, 2013, the Court issued an order striking Plaintiff’s unsigned and
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uncaptioned Complaint and directing Plaintiff to file an amended complaint within thirty
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days. (ECF No. 15.) That deadline has passed without Plaintiff filing an amended
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complaint or requesting an extension of time to do so.
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Local Rule 110 provides that “failure of counsel or of a party to comply with these
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Rules or with any order of the Court may be grounds for imposition by the Court of any
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and all sanctions . . . within the inherent power of the Court.” District courts have the
inherent power to control their dockets and “in the exercise of that power, they may
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impose sanctions including, where appropriate . . . dismissal [of a case].” Thompson v.
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Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based
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on a party’s failure to prosecute an action, failure to obey a court order, or failure to
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comply with local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995)
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(dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-
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61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of
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complaint); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for
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lack of prosecution and failure to comply with local rules).
Plaintiff has not responded to the Court’s Order requiring that he file an amended
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complaint by not later than November 29, 2013.
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Accordingly, it is HEREBY ORDERED THAT:
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1.
Within fourteen (14) days of service of this order, Plaintiff shall either show
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cause why his case should not be dismissed for failure to comply with the Court’s
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October 29, 2013 Order, or file an amended complaint; and
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2.
If Plaintiff fails to show cause or file an amended complaint, this action will
be dismissed, without prejudice, for failure to obey a court order and failure to prosecute.
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IT IS SO ORDERED.
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Dated:
December 12, 2013
/s/
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UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:
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Michael J. Seng
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